Zepeda Andres v. Noem et al

25cv3677-LL-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ERIK ZEPEDA ANDRES,
Petitioner,
v.
KRISTI NOEM, Secretary, U.S.
Department of Homeland Security, et al.,
Respondents.
Case No.: 25cv3677-LL-MSB
ORDER GRANTING PETITIONER’S
HABEAS PETITION
[ECF No. 1]
This case comes before the Court on Petitioner’s 28 U.S.C. § 2241 Petition. ECF
No. 1. On December 30, 2025, Respondents filed a Return in which they “acknowledge
that Petitioner is detained under 8 U.S.C. § 1226(a) and [is] entitled to an order from this
court directing a bond hearing to be held pursuant to 8 U.S.C. § 1226(a).” ECF No. 4.
Respondents’ Return is filed in light of the new authority in Maldonado Bautista v.
Santacruz, Case No. 5:25-cv-01873-SSS-BFM, granting in part and denying in part the
petitioners’ ex parte application for reconsideration or clarification. In the order, the court
granted the petitioners’ request for entry of final judgment pursuant to Federal Rule of Civil
Procedure 54(b), and subsequently entered that judgment. Maldonado Bautista, ECF No.
Case 3:25-cv-03677-LL-MSB Document 5 Filed 01/07/26 PageID.<pageID> Page
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25cv3677-LL-MSB
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94. In light of the entry of judgment, Respondents acknowledge Petitioner is entitled to a
bond hearing pursuant to 8 U.S.C. § 1226(a).
Accordingly, the Court grants Petitioner’s Petition for a bond hearing. All pending
deadlines and hearings before this Court are vacated. Respondents are directed to arrange
an individualized bond hearing for Petitioner before an immigration court within fourteen
(14) days of this Order.
IT IS SO ORDERED.
Dated: January 7, 2026
Case 3:25-cv-03677-LL-MSB Document 5 Filed 01/07/26 PageID.<pageID> Page
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